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Judgment
The present application has been moved for seeking transfer of case filed by the husband under Guardianship and Wards Act, which is pending before the Learned Family Court-I, Jodhpur to the Court of District Judge, Tonk.
The applicant out of the wedlock with the non-applicant has a daughter Naimat, who was born on 15.12.2006 and she is 10 years old. It is applicant's case that she had been subjected to cruelty and has filed case under Section 12 of Protection of Women from Domestic Violence Act, which is pending at Devli, District Tonk. She submits that it would be very difficult for her to come alone with minor daughter all the way to Jodhpur for the purpose of the case which has been filed by the husband, more so as her child is in a delicate age of only 10 years.
The respondent husband has opposed the application and states that applicant is well educated and she can travel. Counsel for the non-applicant has cited one judgment reported in (2003)
11 SCC 731 Gayatri Mohapatra versus Ashit Kumar Panda wherein the Apex Court rejected the application of transfer on the ground of difficulty to travel.
Counsel for the applicant has also cited judgment reported in 2013DNJ (SC) 758 Smt. T.Gayatri Devi versus Dr. Tallepaneni Sreekanth, wherein refusal to transfer the suit was held to be not justified although the wife was in service.
This Court in case of Ritu Ojha versus Shiv Raj Ojha decided on 13.12.2016 has held that comparative hardship of the lady shall have to be looked into for the purpose of deciding the transfer application relating to matrimonial case.
In view of the facts stated in the application this Court is satisfied that the applicant has just cause to move the transfer application.
The application is, accordingly allowed, the suit No.24/14 (Dastgir Ahamad verus Heena) pending before the Court of Family Court-I is directed to be transferred to the Court of District Judge, Tonk who may further assign it to the Court at Devli. Both the parties may appear before the Learned District Judge, Tonk on
13.02.2017.